The Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) requires that any person prior to receiving bankruptcy advise receive written disclosures.  Generally, these disclosures identify the various sections or chapters of the Bankruptcy Code, e.g. Chapter 7 or Chapter 13,  and state the general qualifications and circumstances in which these bankruptcies can be used.  In addition, the costs and benefits of bankruptcy should be explained, as well as information provided  regarding the required credit counseling courses.

Disclosures, in proper form, should detail the need by the client to make a truthful  disclosure or accounting of assets, debts, income and expenses.  A general description of the required pleadings to be filed in the bankruptcy case should be stated and  sufficient information provided in these disclosures to assist a person to make an informed decision regarding  whether or not to file a bankruptcy case.

Be wary of any bankruptcy petition preparer or law firm that does not provide sufficient information or written disclosures to  enable the potential client ultimately to make an informed decision regarding the benefits and risks of a bankruptcy filing.